PC Res 3333RESOLUTION NO. 3333
BE1NG A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL, MODIFYING A PREVIOUSLY-
APPROVED CONDITIONAL USE PERMIT (UP 99-01)
APPROVING AN ADJUSTMENT IN OPERATIONAL HOURS
FROM 12 A.M. TO 2 A.M. ON FRIDAYS, SATURDAYS AND
SPECIAL HOLIDAYS, SUBJECT TO THE AMENDED
CONDITIONS OF APPROVAL, IN CONJUCTION WITH AN
EXISTING RESTAURANT (NEVSKY' S) ON PROPERTY
LOCATED AT 1740 S. WINCHESTER BOULEVARD IN A C-2-S
(GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION
OF MR. EFIM BRISKER. FILE NO. UP 99-01.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application UP 99-01:
The proposed restaurant establishment with general on sale liquor sales, live entertainment
and operational hours after 11 p.m. is a permitted with a Use Permit in the C-2-S zoning
district.
2. The proposed restaurant use is consistent with the commercial land use designation of the
General Plan and the C-2-S (General Commercial) zoning designation for the site.
3. The proposed on-sale general liquor service, live entertainment permit and late night hours of
operation past 11 p.m. are incidental to the primary function of the site as a restaurant.
The proposed on-sale general liquor service, live entertainment permit and late night hours of
operation in conjunction with the restaurant are consistent with the commercial land use of
the General Plan and the C-2-S zoning designation for the site and other restaurant uses in the
neighborhood.
The on-sale general liquor service, live entertainment permit, and late night hours of
operation, subject to the conditions of approval, are compatible with the adjacent land uses
and the surrounding neighborhood.
6. The restaurant with on-sale general liquor service will not result in an over concentration of
such uses in the area.
Planning Commission Resolution No. 3333
UP 99-01 - 1740 S. Winchester Boulevard - Nevsky's Restaurants - Late Hours of Operation
Page 2
7. The restaurant as proposed and conditioned will not create a nuisance due to noise, litter,
vandalism, traffic or other factors.
8. The restaurant with on-sale general liquor service and live entertainment will not
significantly disturb the peace and enjoyment of any nearby residential neighborhoods.
9. The restaurant with on-sale general liquor service will not significantly increase the demand
on city services.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The establishment of the restaurant will aid in the enhancement and the harmonious
development of the immediate area. The establishment, maintenance, or operation of the
use will not be detrimental to the public health, safety, peace, morals, comfort or general
welfare of persons residing or working in the neighborhood of such proposed use.
2. The proposed site is adequate in size and shape to accommodate the proposed uses and the
surrounding uses in the area.
3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed establishment is compatible with the adjacent land uses and the surrounding
neighborhood.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Additionally, the applicant is hereby notified that he/she is required
to comply with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Project: Approval is granted for a Conditional Use Permit (UP 99-01) to establish
a 2100 square foot restaurant with a general on-sale liquor license, live entertainment and
operational hours after 11 p.m. on property located at 1740 S. Winchester Blvd. and shall
substantially conform to the project exhibits listed below, except as may be modified by the
Conditions of Approval contained herein:
A. Plot plan dated March 8, 1999, prepared by RB
B. Floor plans dated March 8, 1999, prepared by RB.
Planning Commission Resolution No. 3333
UP 99-01 - 1740 S. Winchester Boulevard - Nevsky's Restaurants - Late Hours of Operation
Page 3
C. Applicant's project description 'Nevsky's Restaurant.
Extended hnnr~ nf c~peratinn Hours of operation may be extended in the evening hours to
include remaining open until 2 a.m. on Fridays, Saturdays and Special Holidays (limited to
ten days per calendar year).
o
Previnlm 1 l~e Permit' All conditions of approval previously required in Planning Commission
Resolution No. 3223 shall remain in effect except for Condition No. 2 wherein the hours of
operation may be extended in the evening hours to including remaining open until 2 a.m. on
Fridays, Saturdays and Special Holidays (limited to ten calendar days per year).
PASSED AND ADOPTED this l0th day April, 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom,
Lowe
None
None
None
Mel Lin~C~7~m, chair - '
ATTEST:
Sharon Fierro, Secretary